Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Licensing and Regulatory Affairs  
Division/Bureau/Office:  
Bureau of Professional Licensing  
Name of person completing this form:  
Andria Ditschman  
Phone number of person completing this form:  
517-241-9255  
E-mail of person completing this form:  
DitschmanA@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Elizabeth Arasim  
2. Rule Set Information  
MOAHR assigned rule set number:  
2019-22 LR  
Title of proposed rule set:  
Pharmacy - Continuing Education  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The Pharmacy Continuing Education rules pertain to license renewals, continuing education  
requirements, approval of continuing education courses and programs, and acceptable continuing  
education activities. The draft rules have been reorganized and rewritten to provide the requirements  
necessary to aid a licensee in accumulating the continuing education credits necessary for license  
renewal.  
R 338.3041: This rule pertains to license renewal and continuing education requirements. The  
proposed rule will add renewal of a special retired pharmacist license, require training for identifying  
victims of human trafficking, require training in opioids and other controlled substances awareness,  
and require 1 hour of continuing education in pharmacy ethics and jurisprudence. It will also clarify  
the courses that will satisfy the 1 hour of required pain and symptom management continuing  
education. The proposed rule will prohibit a licensee from earning credit for the same course twice  
within a renewal period and advise the licensee that his or her submission of an application for  
renewal constitutes his or her certification that he or she has complied with all continuing education  
requirements of this rule. The proposed rule will also advise a licensee that a continuing education  
waiver request must be received by the department before the expiration date of the license.  
R 338.3043: This rule pertains to approval of continuing education courses and programs. The  
proposed rule will establish additional requirements for an applicant seeking board approval of a  
continuing education course or program. The proposed changes include requiring submission of a  
“patient protection” form with the application if the course or program involves treating live patients,  
requiring submission at least 70 days before the course or program is to be conducted, and requiring  
that the course or program substantially meet an acceptable category of continuing education. The  
proposed rule will provide that the board may approve a program for 3 years and will also require  
reevaluation of an approved course or program if changes are made to the course or program. The  
proposed rules will provide the required information that the sponsor must include on the certificate  
or other proof of completion of the course or program that must be provided to the licensee. Finally,  
it will provide that the board may revoke approval for noncompliance with the rules. R 338.3044:  
This rule pertains to acceptable continuing education activities. The proposed rule will reorganize it  
into a more user-friendly format. The proposed rule will describe approved continuing education  
courses and programs, the number of continuing education hours that may be earned by completing  
each activity, and the licensee’s duty to provide documentation of completion of the activity if  
audited. R 338.3045: This rule pertains to continuing education equivalents for a licensee residing  
or practicing in another state. This rule will be rescinded because the substance of the rule is included  
as an acceptable continuing education activity in R 338.3044(e).  
4. Summary of proposed rules:  
Overview: The proposed changes will: require completion of training for identifying victims of  
human trafficking and training in opioids and other controlled substances awareness before renewal  
of the license; clarify that continuing education (CE) is only required if a licensee has been licensed  
for a full 2-year license cycle; require 1 hour of CE in pharmacy ethics and jurisprudence; clarify the  
pain and symptom management requirement; limit CE credit for taking the same CE course or  
program twice during 1 renewal period; require documentation of meeting CE requirements; require a  
waiver request prior to the expiration date of the license; modify CE approval standards; organize CE  
activities in a table; add CE activities for credit; require specific proof for CE; and rescind the CE rule  
regarding renewal requirements for a pharmacist who resides or practices in another state.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Marquette Mining Journal – September 18, 2019; Flint Journal – September 19, 2019; Grand Rapids  
Press – September 19, 2019  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
10/4/2019  
7. Date, time, and location of public hearing:  
10/4/2019 09:00 AM at G. Mennen Williams Building Auditorium , 525 W. Allegan St, Lansing, MI  
48909  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://dtmb.state.mi.us/ARS_Public/Transaction/RFRTransaction?TransactionID=45  
9. List of the name and title of agency representative(s) attending public hearing:  
Kerry Przybylo, Manager; Andria Ditschman, Senior Policy Analyst; Weston MacIntosh, Senior  
Policy Analyst; Dena Marks, Senior Policy Analyst; Kimberly Catlin, Board Support; LeAnn Payne,  
Board Support; and Stephanie Wysack, Board Support.  
10. Persons submitting comments of support:  
Adam Carlson, Senior Director, Government & Political Affairs, Michigan Health & Hospital  
Association (MHA)  
11. Persons submitting comments of opposition:  
Rose M. Baran, PharmD, MA, Assistant Professor, College of Pharmacy, Ferris State University;  
Thomas R. Clark, RPh, MHS, BCGP, Senior Director, Board of Pharmacy Specialties (bps); Deeb D.  
Eid, PharmD, Assistant Profession, Ferris State University; Mary Anne McCoy, PhD, RN, ACNS,  
ACNP-BC, FAANP, President, Michigan Council of Nurse Practitioners (MICNP); Brian Sapita,  
Government Affairs Manager, Michigan Pharmacists Association (MPA)  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Brian Sapita,  
Government  
Affairs  
“A special retired The term “special 338.3041(1)  
pharmacist’s  
retired  
license” is not  
pharmacist,” refers  
Manager,  
Michigan  
Pharmacists  
Association  
(MPA)  
defined anywhere to a special  
in statute or rules volunteer license  
and needs to be. for a pharmacist as  
authorized in  
section 16184 of  
the Public Health  
Code (Code),  
MCL 333.16184.  
The Board agrees  
to add “volunteer”  
to the term  
“special retired  
pharmacist  
license” to clarify  
that the license is  
the volunteer  
license authorized  
under the Code.  
2
Rose M. Baran,  
PharmD, MA,  
Assistant  
Professor,  
College of  
Modify to read: The Board agrees 338.3041(1)  
“For license  
renewals  
beginning in  
2020… .”  
with the comment (b)  
to delete “with the  
first renewal  
cycle”, as this  
Pharmacy,  
Ferris State  
University  
The way it is  
language is  
currently written confusing. The  
“Beginning with date that has been  
the first renewal provided on the  
cycle after  
November 13,  
2017” is  
Department’s  
website of 2020 is  
used in the rule.  
confusing.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 5  
3
Rose M. Baran,  
PharmD, MA,  
Assistant  
Modify to read: The Board agrees 338.3041(1)  
“For controlled with the comment (c)  
substance license to clarify that the  
Professor,  
College of  
renewals  
beginning with  
opioid and  
controlled  
Pharmacy,  
Ferris State  
University  
the 2021 renewal substances training  
cycles, an  
is required only if  
the licensee is also  
applicant for  
license renewal applying for a  
shall have  
controlled  
completed a 1-  
substances license.  
time training in A specific  
opioids and other effective date has  
controlled  
substances  
awareness.”  
been deleted, as R  
338.3135, which  
requires the opioid  
training, is on hold  
at the Joint  
Committee on  
Administrative  
Rules.  
4
Rose M. Baran,  
PharmD, MA,  
Assistant  
Rule 338.3041(d) To provide for  
requires the one more time for  
hour in pharmacy licensees to  
338.3041(1)  
(d)(i)  
Professor,  
ethics and  
comply with the  
College of  
jurisprudence be rule, the Board  
obtained to renew agrees with the  
Pharmacy,  
Ferris State  
University  
the license in  
2020. That  
comment to clarify  
that 1 credit in  
means the group ethics and  
of pharmacists  
renewing with the be effective  
expiration date of January 1, 2021.  
June 30, 2020  
jurisprudence will  
will have less  
than 6 months to  
obtain this  
requirement.  
Would suggest  
changing the  
date, the start of  
rule 338.3041(d)  
to read  
“Beginning in  
2021 … .”  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 6  
5
Brian Sapita,  
Government  
Affairs  
Manager,  
Michigan  
Pharmacists  
Association  
(MPA)  
Rule should read To clarify the rule, 338.3043(f)  
“Emergency  
skills related to  
the health and  
safety of the  
patient  
the Board agrees (iv)  
with the comment  
to modify the  
language to read  
“Emergency skills  
related to the  
pharmacy.”  
health and safety  
of the patient.”  
6
Rose M. Baran,  
PharmD, MA,  
Assistant  
This should be  
changed to read the Board will  
“A continuing  
education  
To clarify the rule, 338.3044(a)  
modify the rule by  
deleting the  
Professor,  
College of  
sponsoring  
organization,  
institution, or  
individual  
provision  
Pharmacy,  
Ferris State  
University  
referencing MPA,  
as MPA and any  
other entity that is  
approved by the approved by  
Michigan  
ACPE is included  
Pharmacists  
Association  
(MPA) or  
in subdivision (a)  
as accepted  
continuing  
Michigan Health education  
and Hospital  
Association, or  
national  
pharmacy  
organizations, or  
health system.”  
This would allow  
for more entities  
to provide  
continuing  
education for  
pharmacists.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 7  
7
Brian Sapita,  
Government  
Affairs  
Manager,  
Michigan  
Pharmacists  
Association  
(MPA)  
Pharmacy school The Board will  
338.3044(a)  
ACPE/CCAPP  
accreditation  
process is not  
change “school” to  
“program” in  
subdivision (a) to  
similar to ACPE clarify that the  
accreditation for program must be  
CE hours. The  
accreditation is  
ACPE or CCAPP  
approved, not the  
based on different school.  
criteria.  
Recommend  
removing the  
ACPE and  
CCAPP.  
8
Brian Sapita,  
Government  
Affairs  
A preceptor may The Board agrees 338.3044(d)  
not always have with the comment  
direct interaction that clarity is  
Manager,  
Michigan  
Pharmacists  
Association  
(MPA)  
with the student. necessary in  
Some student  
subdivision (d).  
pharmacists may To clarify that it is  
not interact with a the Board’s intent  
preceptor at all. that the  
How will the  
relationship  
Board ensure that between the  
this will not be  
abused?  
Consider  
removing “1  
intern – to- 1  
preceptor and  
student must be in  
person, the term  
“in person” will be  
added after “120  
preceptor ratio.” hours.”  
13.Date report completed:  
2/19/2020  
MCL 24.242 and 24.245  
;